Health and safety: FAQs

Shoosmiths partner and regulatory specialist Ron Reid recently took part in a health and safety legal update webinar. Here, he answers post-webinar questions received from more than 1,200 viewers.

Are no-win, no-fee claims going to be impossible now that referral fees are banned? ‘No, they can still be undertaken. Whether or not anybody is going to undertake them, with the uncertainty that surrounds the ability to get back the cost of doing so, is perhaps another question.’

Is the change in strict liability going to lead to lengthier and more expensive litigation? ‘It’s a tricky one. I think there will probably be some test cases on the legislation removing strict liability. For example, the Association of Personal Injury Lawyers feels this removal may be a breach of the EU directive, in which case challenges may be made. If it stays as intended and removes strict liability — meaning that negligence has to be proved — then of course longer trials may take place.’ …

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